Research On China's Juvenile Criminal Trial System

Juvenile delinquency is a serious social problem in the world, especially in a period of social transformation in China. Juvenile delinquency , environmental pollution and drug crime are called "the three public hazards" of the world. Compared with the adults ,the juveniles are immature both in psychology and physiology ,they have special characteristics .So ,China established the juvenile criminal trial system which is suitable for the juvenile .But ,owing to all kinds of reasons ,some defects in legislation and judicial practice in the juvenile criminal trial system are serious ,they need to be further improved .By researching the present situation ,the author points out the existing problems and defects of the juvenile criminal trial system ,then it suggests how to improve and perfect the system in order to make contributions to the juvenile criminal trial system.The first part introduces the concept of the juvenile and the base of the juvenile criminal trial system. The meaning of the juvenile , minor , youngster in legislation is not clear ,which leads to a disorder in the research on the science of law .The author prefers to "juvenile". Then the theoretical base and legal base are introduced.The second part makes some comparisons on guiding ideology and trial system in the juvenile criminal trial system between China and foreign countries. Then the author points out the concept of Restorative Justice and wide scope of accepting cases of foreign juvenile trial group are worthy to be used for reference in building the people-oriented, harmonious society .It also makes a brief introduction on the favorable conditions of China absorbing the concept of the Restorative Justice.From the point of legislation and judicial practice, the third part talks about the existing problems and defects in China's juvenile criminal trial system .Lag in legislation are embodied in substantive law and procedural law .The problems in judicial practice should not be neglected, such as: the dependence of the juvenile trial group is strong, the quality of the trials is need to be upgraded; there is disharmony between pretrial social survey , trial education and the criminal procedure ;the prosecution and defense mode is not suitable for the juvenile's physical and mental characteristics.In the fourth part, the author suggests how to improve and perfect the juvenile criminal trial system .such as: to prescribe the juvenile criminal procedure in the criminal procedure law; to establish the juvenile court, to improve the legal agent system, mandatory defense system, summary procedure and hear in private session.